Fed Circuit Watch: Obviousness-Type Double Patenting Does Not Preclude §156 Patent Term Extension

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This is the second case dealing with Novartis in which the Court of Appeals for the Federal Circuit has handed down a decision related to patent term.  While the facts of this case, Novartis AG v. Ezra Ventures LLC,[1] are very similar to the companion case decided on the same day, Novartis Pharmaceuticals Corp. v. …

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Fed Circuit Watch: Patent Troll Thwarts Google’s Assertion of Claim Preclusion

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On March 12, 2018, the Court of Appeals for the Federal Circuit delivered a ruling that will stymie Google’s efforts to shake off a pesky serial patent litigator deemed a “patent troll” by the tech press.  That case is SimpleAir, Inc. v. Google LLC.[1]  This is the fourth litigated iteration filed by SimpleAir against Google, …

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Fed Circuit Watch: Pre-Institution Disclaimer Creates Estoppel for Patent Owner

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On January 24, 2018, the Court of Appeals for the Federal Circuit ruled on Arthrex, Inc. v. Smith & Nephew, Inc.,[1] holding that the patent owner’s pre-IPR-institution statutory disclaimer resulting in an adverse judgment has the effect of estoppel against the patent owner. The facts are as follows. Smith & Nephew filed an IPR against …

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